P.K. Musahary, J.

1. Heard Mr. N.M. Hazarika, learned Counsel for the appellant and also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam.

2. The prosecution case, in brief, is that on 5.1.2006 at about 7.00 a.m. while the injured Amreswar Bora was clearing his land with a khur and his son Arupjyoti Bora was ploughing nearby his father the accused persons came out from bushes and started to blow by a 'mechi dao' and as a result caused serious injuries like fracture of bone in his hand and leg and cut injury over the back side of head. Witnessing the occurrence Arupjyoti Bora rushed to his father and he was also chased by the accused persons for which he had to run to his uncle Mohan Bora who was ploughing in the same field. Mohan Bora also heard screaming and cries of Arupjyoti Bora. Amp approached Mohan and told him that his father was assaulted by the sons of Jamal. Mohan Bora rushed to the place of occurrence and saw Kon Bhaiti still dealing blows to Amreswar Bora. Be that as it may, accused Hiranya Baruah and Kon Bhaiti left the victim. Thereafter the victim was carried to cross the river and boarded in a boat. At the time of crossing the river Bhaben Chu